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Berardi Blog

The Berardi Immigration Law blog – find all our posts here.

  • New Filing Option for Canadian TN Nonimmigrants

    Effective October 1, 2012, changes to filing procedures for TN classification have changed.  These changes impact both individuals and employers of foreign nationals.  Filing of L petitions are not effected by these changes. Canadian TN Nonimmigrants USCIS is now accepting Form I-129, Petition for Nonimmigrant Workers, filed on behalf of Canadian citizens seeking TN classification […]
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  • How will the Beyond the Border Implementation Affect You?

    In February of 2011, U.S. President Obama and Canadian Prime Minister Harper announced the Beyond the Border Action Plan under which both countries work together to achieve security on our borders while facilitating the lawful movement of people and goods. Last week, the U.S. Department of Homeland Security (DHS) and the Canaddian Border Services Agency […]
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  • How are Federal Agencies Responding to Phase-Out of I-94 Card?

    As an update from a recent blog: CBP Mulls Elimination of I-94 Card, the Office of Field Operations (OFO) is implementing an interim process to serve as a transition to the elimination of Form I-94. As reported earlier, Customs and Border Protection (CBP) plans on eliminating the paper Form I-94 card. Instead, a foreign national’s nonimmigrant […]
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  • NEXUS helps time-strapped business travelers

    If you frequently travel between Canada and the U.S. for business, you have probably grown accustomed to long lines and delays at airports and border crossings. For frequent business travelers, using a NEXUS card to cross the border is a great solution to avoid lines,
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  • HR Professionals Ask About their Employment-Based Immigration Concerns

    Recently, Berardi Immigration Law reached out to a number of our corporate immigration clients to find out what some of the most frequently asked questions from their foreign employees are.   Here are some of those responses: Q: Can foreign employees working in the U.S. travel outside the U.S.? A: Generally yes but the requirements may […]
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  • Expatriate Immigration Issues

    U.S. employers often assign U.S.-based employees to work in overseas operations as “expatriates.”  Not only can the costs of sending employees on overseas assignments be significant, but managing the process can be time consuming and confusing for employers. Of particular concern is resolving questions
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  • Fact or Fiction for B-2 Visitors

    Questions persist about the amount of time that a foreign national may be present in the U.S. as a “visitor.”  Our post today will focus on identifying some common statements we hear from clients regarding B-2 admissions and determining if those statements are fact or fiction. Statement #1: A visitor to the U.S. can’t stay […]
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  • Diversity Visa Lottery Program Provides a Shot at U.S. Permanent Residency

    Starting at noon (EDT) on Tuesday, October 2, 2012, the Dept. of State will begin accepting applications for the 2014 Diversity Immigrant Visa Program.  The Diversity Immigrant Visa Program is administered annually to allow a class of immigrants known as “diversity immigrants” to immigrant to the U.S. The diversity immigrants are ones who otherwise may […]
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  • Your Naturalization Interview

    An application for naturalization (Form N-400), which has been filed with CIS, requires that the individual applicant (and in some instances, the spouse) be interviewed prior to adjudication. For many people, the prospect of being interviewed by an immigration officer can be stressful. However, for those who are prepared, an immigration interview should be straightforward […]
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  • Citizenship Through Permanent Residency (General Requirements)

    If you are a green card holder of at least 5 years and meet the following requirements, you may apply for naturalization: Be 18 or older; Be a green card holder for at least 5 years immediately preceding the date of filing the Application for Naturalization Have lived within the state, or USCIS district with […]
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  • Citizenship Through Permanent Residency (Marriage to U.S. Citizen Spouse)

    Certain individuals who have obtained their green cards based on marriage to a U.S. citizen may be eligible for naturalization if they meet the following criteria: Be 18 or older; Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing the Application for Naturalization; Have been living […]
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  • Study Aids for U.S. Naturalization (Citizenship) Test

    In order to become a Naturalized Citizen, an applicant must first pass the Naturalization Test given at their N-400 interview. This test is compromised of two parts: (1) the Civics Test and (2) the English Language Test. The Civics Test contains 100 questions but at the interview only 10 random questions will be asked. In […]
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  • Case Study: Get Me to the Church On Time!

    Last week, Berardi Immigration Law successfully applied for humanitarian parole on behalf of our client, a UK citizen and permanent resident of Canada.  Humanitarian Parole is often a “last chance” for individuals who are not otherwise eligible for entry into the U.S., but request admittance for urgent medical or humanitarian reasons or other compelling emergencies.  Review of […]
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  • Heightened Security Measures in Place in Wake of Multiple U.S. Embassy Attacks

    With the recent attacks at the U.S. Consulates in Benghazi, Libya; Cairo, Egypt; Kabul, Afghanistan; and Sana’a, Yemen, we urge all domestic and foreign applicants with appointments at any Consulate to use caution and follow the Consulate’s specific guidelines.  Since security will be increased at all Consulates, not just those affected by the recent attacks, […]
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  • Remembering

    Eleven years ago today, The United States of America – her people and their foundation of freedom, equality and independence – suffered one of the most horrendous attacks in history.  Today, as we continue to heal as a nation, we remember the cherished lives of our family members, friends, co-workers, and volunteers lost on that […]
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  • September 9, 2012 Marks Effective Date of Historic U.S./Russia Visa Agreement

    Starting September 9, 2012, the U.S. Embassy in Moscow, Russia will now issue business travelers and tourists visas for multiple entries during a 36-month (3 year) period.  This historic U.S.-Russian visa agreement will default to this 3-year, multiple entry visa as a way to facilitate easier travel and establish stronger ties between the U.S. and […]
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  • Don't Let Surprises at the Border Squash Your Holiday Fun

    With the upcoming Labor Day/Labour Day weekend (August 31 – September 3), Berardi Immigration Law sends out a friendly reminder to our friends to plan your trips accordingly for an increase in traffic at border crossings. Here are a few tips to keep in mind:
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  • Back to School Brings Changes for Some "Student Visa" Holders

    Right on the heels of U.S. Customs and Border Protection (CBP) announcing the elimination of I-94 cards, CBP has now stated that it will no longer provide admission stamps on Forms I-20 (Certificate of Eligibility for Nonimmigrant Student Status) and DS-2019 (Certificate of Eligibility for Exchange Visitor (J-1) Status).
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  • Noncitizen Pharmacists Win Big Decision in New York State

    In a recent case brought up the U.S. Court of Appeals by nonimmigrant pharmacists, the Second Circuit applied strict scrutiny review and found that New York Educ. Law §6805(1)(6), which limits the issuance of pharmacist licenses to U.S. citizens and Lawful Permanent Residents only, is unconstitutional.
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  • CBP Mulls Elimination of I-94 Card

    U.S. Customs and Border Protection (CBP) announced on 08/13/2012 that it plans to eliminate Form I-94: Arrival/Departure Record. This document plays an essential and vital role in proving lawful admission, maintenance of status, and expiration of authorized stay to nonimmigrant aliens. The elimination of the I-94 is already causing great concern on how this will […]
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